Measure would ban assigning insurance benefits to auto glass repair companies
Sen. Linda Stewart
A Central Florida lawmaker has filed a “tort reform” measure that would prohibit motorists from assigning their insurance benefits to auto-glass repair companies.
Sen. Linda Stewart, D-Orlando, filed SB 1002 on February 23. It has yet to receive committee references.
The measure would also prohibit an auto glass repair company from offering customers a “rebate, gift card, cash, coupon, or any other thing of value,” in exchange for making an insurance claim for motor vehicle glass replacement or repair.
In a prepared statement, Stewart said the measure could ultimately lead to lower auto insurance rates.
“These incentives sound great, but the reality is that some of these services are using you to sue your insurance for more money than the replacement actually costs,” she said.
Another provision would require the auto glass repair company to notify customers that their replacement windshield may require additional calibration by a dealer to restore the functions of some built-in safety features.
Rep. Philip “Griff” Griffitts, Jr., R-Panama City, filed a companion measure, HB 541, on February 7. It faces hearings in the Insurance and Banking Subcommittee, the Civil Justice Subcommittee, and the Commerce Committee.
The measure would ban assigning insurance benefits to auto glass repair companies — but does not address the use of coupons or other incentives or notice requirements regarding the potential need to calibrate safety features.
Michael Carlson, head of the Personal Insurance Federation, issued a statement praising the proposed bills.
“Auto glass abuse is occurring more and more often, and most of the time the consumer doesn’t even know their insurance company has been sued on their behalf,” he said. “The jig is up. It is out in the open for all to see. Lawmakers want to end this madness, and we are grateful to Senator Stewart and Representative Griffitts for being among those to stepping up to the challenge.”
The bills are part of larger civil litigation reforms that Gov. Ron DeSantis and House and Senate leaders are proposing this session — with the backing of major insurers, the Florida Chamber of Commerce, Associated Industries of Florida, and other industry groups.
The House Civil Justice Subcommittee is scheduled to take up HB 837 by Rep. Tommy Gregory, R-Lakewood Ranch, at 8 a.m. on Friday.
The measure would, among other things, eliminate one-way attorney fee provisions in all lines of insurance, make it easier for insurers to avoid liability for “bad faith” claims, shift Florida from a pure comparative negligence standard to a “modified comparative negligence standard,” and limit the awarding of attorney fee multipliers to rare and unusual circumstances.
Jacksonville attorney and Florida Justice Association head Curry Pajcic calls HB 837 “an insurance company giveaway” and warns that it would hurt consumers and threaten access to justice.
